Maryland Probate Timeline

Most Maryland estates settle in about 9 to 18 months, measured from the date of death to the final account. Simple estates can close faster. Estates with a will contest, hard-to-value property, a spousal elective share, or an estate-tax filing take longer. Statutory deadlines set the pace, not one closing date.

Use this Maryland probate timeline as a planning calendar, not a promise that an estate will close on a fixed day. Maryland probate runs through two offices in each of its 24 jurisdictions. The elected Register of Wills opens the estate, files the will, appoints the personal representative, keeps the records, and collects the probate fee and inheritance tax. The three-judge Orphans' Court supervises administration and hears disputes. In Montgomery, Harford, and Howard counties, the Circuit Court judges sit as the Orphans' Court instead. Start with the Maryland probate guide if you are still choosing a path, and the Maryland executor duties guide for the full task list.

Maryland Probate Timeline at a Glance

Each date below runs from a fixed event, usually the appointment of the personal representative or the date of death. Tie every deadline to that anchor rather than a loose month count, and the calendar becomes concrete.

First Days: Records, Property, and the Will

The first days are about preventing avoidable delays, not finishing probate. Gather the papers an estate runs on:

• certified death certificates
• the original will and any codicils
• trust documents
• deeds and property tax records
• vehicle titles
• bank, credit union, and brokerage statements
• life insurance and beneficiary records
• mortgage, utility, insurance, and tax records

Order certified death certificates from the Maryland Department of Health, which charges $10 for the first copy and $12 for each additional copy in the same order. Keep the home secure, keep insurance active where you can, and hold off on giving away property until authority and ownership are clear. A payable-on-death account or a jointly titled asset can pass outside probate. A will custodian must deliver the original will to the Register of Wills promptly after learning of the death (§4-203). The Maryland first steps guide covers this early stage in more detail.

Opening the Estate: The Register of Wills and Three Tracks

You open the estate by filing a petition for probate with the Register of Wills in the county where the decedent lived. Maryland sets no fixed deadline to open the estate, but waiting does not pause the creditor or tax clocks, so start early. The Register of Wills reviews the petition, admits the will, and issues letters that give the personal representative authority to act.

Maryland has three administration tracks:

• Regular estate (administrative probate under §5-301 and following) is the standard track, with judicial probate under §5-401 when an interested person objects. The personal representative publishes notice, files an inventory and information report, and files administration accounts the Orphans' Court reviews.
• Modified administration (§5-701 and following) is a shorter track for a solvent estate whose heirs or residuary legatees are limited to the personal representative and close family. It replaces the running accounts with one final report.
• Small estate (§5-601 through 5-607) is for property subject to administration worth $50,000 or less, or $100,000 or less when the surviving spouse is the sole heir or legatee.

The Register of Wills collects a statewide, value-based probate fee under §2-206 when the first account is filed. There is no separate per-county filing fee. The personal representative may also claim a statutory commission of up to 9% of the first $20,000 of estate value plus 3.6% of the excess (§7-601). Use the Maryland executor duties guide for the opening checklist.

Small Estate and Modified Administration: Shorter Calendars

The two shorter tracks carry their own, tighter timelines.

A small estate skips the full account cycle. Once the Register of Wills accepts the small-estate petition and the value stays at or under the threshold, the personal representative can pay allowed claims and distribute without the 9-month and 6-month account schedule a regular estate follows.

Modified administration keeps more court oversight than a small estate but far less than a regular estate. The personal representative must file the election within 3 months after appointment (§5-702), then file a single verified final report within 10 months after appointment (§5-704) instead of the running accounts. Confirm eligibility and the current final-report date with your Register of Wills before you choose this track.

Notice and the First Three Months

After appointment, the Register of Wills has the notice of appointment published in a newspaper of general circulation in the county, once a week for 3 successive weeks (§7-103). That published notice tells the public of unknown creditors to present claims. Mail written notice to each known creditor as well, because mailing starts a shorter 2-month claim window for that creditor.

Within 3 months after appointment, the personal representative files two documents with the Register of Wills: the inventory of property the decedent owned at death, listed at fair market value (§7-201), and the information report that lists non-probate and trust property that may be subject to inheritance tax. Inventory work starts before the form is due. Build a list of probate accounts, real property, vehicles, tangible personal property, business interests, and any refunds or checks payable to the estate.

The Creditor Claim Bar

Maryland gives creditors a short, firm deadline. A claim against the estate is barred unless the creditor presents it within the earlier of two dates: 6 months after the date of death, or 2 months after the personal representative mails or delivers written notice to that creditor (§8-103). The routine outer limit is 6 months from death.

Read the word "earlier" closely, because it decides the deadline. Mailing written notice is how you pull a known creditor's date forward instead of waiting out the full 6 months. Do not distribute the estate before the claim period runs. A personal representative who pays out too soon can be personally liable for a valid claim that arrives later. The Maryland creditor claims guide works through notice, the two windows, and the order of payment.

Administration Accounts

The first administration account is due within 9 months after appointment (§7-305). It shows what came into the estate, what was paid out, and what remains, with backup for each entry. After the first account, the personal representative files another account within 6 months of each preceding account until a final account closes the estate. The Orphans' Court reviews each one. The court can extend the time for good cause on a written request, so ask early if you need more time rather than filing late. See the Maryland probate accounting guide for the account line by line.

Surviving Spouse: Elective Share and Family Allowance

A surviving spouse who wants to elect against the will or intestacy must make the election within the later of 9 months after the date of death or 6 months after the first appointment of a personal representative (§3-407). The court can extend that time for good cause, up to 3 months at a time, on a petition filed before the deadline runs. Maryland reformed the elective share to an augmented-estate model for deaths on or after October 1, 2020: one-third of the augmented estate when the decedent leaves surviving descendants, or one-half when there are none, reduced by benefits the spouse already receives (§3-403).

Separate from the elective share, the family allowance under §3-201 pays $10,000 to a surviving spouse or registered domestic partner for personal use, plus $5,000 for each unmarried child of the decedent under age 18. The allowance is paid ahead of general estate claims. The Maryland surviving spouse rights guide walks through both.

Tax Calendar

Maryland is the only state that charges both a state estate tax and a state inheritance tax, so the tax calendar carries more than the usual federal dates.

The Maryland estate tax applies only to estates above the $5,000,000 Maryland exemption, which is fixed for deaths on or after January 1, 2019 and is not adjusted for inflation. The top rate is 16%. The estate tax return (Form MET-1) goes to the Comptroller of Maryland and is due 9 months after the date of death, and a 6-month filing extension may be available.

The Maryland inheritance tax is a separate charge of 10% on the clear value of property passing to a taker who is not exempt. Property passing to a spouse, a child or other lineal descendant, a parent, a grandparent, or a sibling is exempt, so the tax most often falls on nieces, nephews, cousins, friends, and unrelated people. The Register of Wills collects it, generally before the property is distributed.

Two federal dates can also apply. IRS Form 706 is due 9 months after death when a large estate must file or a portability election is needed. The decedent's final federal Form 1040 and Maryland Form 502 are generally due by the normal April 15 deadline for the year after death. The Maryland federal estate tax guide explains when a 706 is required.

What Can Slow the Timeline

A Maryland probate timeline stretches when:

• the original will is missing or a caveat challenges it
• heirs or legatees are hard to find
• a creditor disputes a claim
• real property or a business interest has to be sold or valued
• the estate owes Maryland estate tax, inheritance tax, or a federal 706
• the inventory or an account is filed late or incomplete
• the surviving spouse files an elective-share election

Some delays cannot be helped. Others come from filing late. Calendar each date from the anchor event and keep your paperwork organized.

Practical Filing Calendar

Work the estate in this order:

1. First week: secure the property, order certified death certificates, and locate the original will.
2. First two weeks: list probate and non-probate assets, debts, and likely recipients.
3. Before opening: confirm the correct county Register of Wills and check whether a small estate or modified administration fits.
4. At opening: petition the Register of Wills, admit the will, and obtain letters.
5. After appointment: confirm the notice of appointment is published for 3 successive weeks and mail written notice to known creditors.
6. Within 3 months: file the inventory and the information report.
7. Track the creditor bar at the earlier of 6 months from death or 2 months after mailed notice.
8. Within 9 months: file the first administration account, then file again every 6 months.
9. Watch the tax dates at 9 months and the elective-share window, then file the final account to close.

Local practice and estate facts change timing. Confirm each date with your county Register of Wills, or with a licensed Maryland attorney. Return to the Maryland probate guide for the rest of the series.

Sources:

• Title: Md. Code, Estates and Trusts §7-201, Inventory. Publisher: Maryland General Assembly. Publication Date: Current official code, accessed July 21, 2026. URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=7-201&enactments=false
• Title: Md. Code, Estates and Trusts §8-103, Limitations on presentation of claims. Publisher: Maryland General Assembly. Publication Date: Current official code, accessed July 21, 2026. URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=8-103&enactments=false
• Title: Md. Code, Estates and Trusts §7-103, Notice of appointment; publication. Publisher: Maryland General Assembly. Publication Date: Current official code, accessed July 21, 2026. URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=7-103&enactments=false
• Title: Md. Code, Estates and Trusts §7-305, Accounts. Publisher: Maryland General Assembly. Publication Date: Current official code, accessed July 21, 2026. URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=7-305&enactments=false
• Title: Md. Code, Estates and Trusts §5-601, Small estate value limits. Publisher: Maryland General Assembly. Publication Date: Current official code, accessed July 21, 2026. URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=5-601&enactments=false
• Title: Md. Code, Estates and Trusts §5-704, Modified administration final report. Publisher: Maryland General Assembly. Publication Date: Current official code, accessed July 21, 2026. URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=5-704&enactments=false
• Title: Md. Code, Estates and Trusts §3-407, Time for making election of surviving spouse. Publisher: Maryland General Assembly. Publication Date: Current official code, accessed July 21, 2026. URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=3-407&enactments=false
• Title: Maryland Estate and Inheritance Tax. Publisher: Comptroller of Maryland. Publication Date: Current official guidance, accessed July 21, 2026. URL: https://www.marylandtaxes.gov/individual/estate-fiduciary/estate-inheritance-tax.php
• Title: Estate Tax. Publisher: Internal Revenue Service. Publication Date: Current IRS estate tax page, accessed July 21, 2026. URL: https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax

It is not legal advice.